Draft or Revise Discovery Documents - Next Generation Bar Exam

  1. Under FRCP 34, what may a request for production seek?
    Documents, electronically stored information, or tangible things in the responding party's possession, custody, or control. It may also seek entry onto land for inspection.
  2. Under FRCP 34(b)(1), how must a request for production describe the items sought?
    With reasonable particularity. The request must also specify a reasonable time, place, and manner for inspection.
  3. Under FRCP 30(a)(2), how many depositions may each side take without leave or stipulation?
    10. Leave is also required to depose a person a second time.
  4. A draft interrogatory asks the opposing party to 'state every fact about anything relating to this lawsuit.' What is the defect?
    It is overbroad and not proportional to the needs of the case. Discovery requests should be tailored to specific claims or defenses.
  5. A party wishes to obtain documents from a nonparty witness. What discovery device should be used?
    A subpoena under FRCP 45. Requests for production under FRCP 34 may be served only on parties.
  6. Under FRCP 30(d)(1), what is the presumptive time limit for a deposition?
    One day of seven hours. The court must allow more time if needed for a fair examination.
  7. Under FRCP 33(b)(2), within what time must a party answer interrogatories?
    30 days after being served. The parties may stipulate to, or the court may order, a different time.
  8. A client wants to establish the authenticity of a contract before trial to avoid calling a witness. What discovery device is best suited?
    A request for admission under FRCP 36. Requests for admission may ask a party to admit the genuineness of described documents.
  9. Under FRCP 34(b)(2)(C), what must an objection to a request for production state?
    Whether any responsive materials are being withheld on the basis of that objection. Boilerplate objections without this statement are improper.
  10. Under FRCP 30(b)(6), how must a party name an organization as a deponent?
    By describing with reasonable particularity the matters for examination. The organization must then designate persons to testify on its behalf about information reasonably available to it.

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